How to protect your children from potential disinheritance Protective Property Trusts ensure your children become the ultimate beneficiary of your property, regardless of whether someone inherits, remarries and intends to try and alter the conditions of a will. There are two types of trust, and your personal circumstances will dictate which option suits you best.
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Option 1 – protecting your children’s inheritance when you die This version of a protective property trust is ideal if your children are under 18 and comes into effect when you die — or where you are the sole owner of a property and want your surviving spouse or partner to continue living in the property while ensuring your children are the ultimate beneficiaries. The trustees, beneficiaries and terms of the trust are all set out in your will.
Option 2 – protecting your children’s inheritance during your lifetime A lifetime trust or flexible life interest trust comes into effect straight away. It is beneficial to protect against sideways disinheritance, where children from other relationships could inherit, remarry and change the terms of their will to potentially disinherit your true bloodline. If a property is jointly owned, the trust can be written to cater for ‘Tenants in Common’. This gives each person a share in the property, which can be disposed of according to their wishes rather than passing automatically to either spouse.
A lifetime trust can also be used to protect creditors from making a claim against all or part of the property, as long there is no intention to deprive creditors when the trust is put in place.
If you would like to know more about the benefits of a protective property trust, and see which option would suit your specific circumstances, call us on 01273 385833 to see how we can help.
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